28 F.

3d 1212

NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of

unpublished dispositions is disfavored except for establishing
res judicata, estoppel, or the law of the case and requires
service of copies of cited unpublished dispositions of the Fourth
Circuit.
Robert WILDBERGER, Plaintiff Appellant,
v.
UNITED STATES of America; Lawrence R. Rosenbaum,
Defendants
Appellees.
No. 94-1534.

United States Court of Appeals, Fourth Circuit.

Submitted: June 23, 1994.
Decided: July 18, 1994.

Appeal from the United States District Court for the Eastern District of
Virginia, at Alexandria. Leonie M. Brinkema, District Judge. (CA-921780-A)
Robert Wildberger, appellant Pro Se.
Rachel Celia Ballow, Office of the U.S. Atty., Alexandria, VA, for
appellee.
E.D.Va.
AFFIRMED.
Before MURNAGHAN and WILKINS, Circuit Judges, and SPROUSE,
Senior Circuit Judge.
PER CURIAM:

Robert Wildberger appeals from the district court's order dismissing his

Complaint filed against Lawrence Rosenbaum, in his capacity as Comptroller

for the United States Small Business Administration, for defamation in
connection with Rosenbaum's employment. The district court properly
substituted the United States as party defendant under 28 U.S.C. Sec. 2679(d)
(1988), and then dismissed the action because the Federal Tort Claims Act
specifically excludes tort claims based on libel, slander, misrepresentation, or
deceit. 28 U.S.C. Sec. 2680(h) (1988); Talbert v. United States, 932 F.2d 1064,
1065 (4th Cir.1991) (holding that complaint against federal employer, based on
communication of allegedly defamatory information, falls within the libel and
slander exception to the FTCA). Our review of the record and the district
court's opinion reveals that this appeal is without merit. Therefore, we affirm
on the reasoning of the district court. We dispense with oral argument because
the facts and legal contentions are adequately presented in the materials before
the Court and argument would not aid the decisional process.
2

AFFIRMED.